The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-08-17
HELD WITHOUT BAIL.
The GallOws Loom Up Before
MullOy.
AN UGLY CASE is MADE OUT.
Hughes Drew no Pistol, Wanted no
Quarrel, but MullOy Shot
Him Down.

Neal Mulloy, the killer of 10 Hughes,
resumed the anxious seat in Commits
sioner Norreu's court yesterday morn
ing.
EDWARD A. SHEAR
Took the stand and testified. am
carpenter, resident in Park City since
'79. On the night of August 1st, l was
at Cupit & Brennan's saloon, and saw
both Muiloy and Hughes there. When
1 came in Hughes was at the bar talk
ing with Mulloy. and there was num-
Der of others around. The two men
were having discussion, and the first
words 1 heard were by Muiloy who
said, You was in that crowd or on that
train that went to lynch Black Jack
Murphy" Hughes answered, Yes,
but wasn't there because ! wanted to
be by id sight" Mulioy answered,
You knew every person on that train,
too" Hughes said, No l did not.
How was | to know them when they
we're all ma>kei?' Mulloy said
You're a id liar" Hughes ans
wered, mo, Pm not a ID liar"
MulIoy said, Eyes, you are a
id liar and coward too.
and if you will come out back
we will settle it." Then I inter-
fered and said. mo, Hughes is no
coward; I've known him for a good
many years and don't think he's got
cowardly hair in his head. Nor l
don't think you're coward, either Null
10y" Mulloy then dared him to go
out again, and Hughes said: "l'n go
ont back with you but don't want any
trouble with YOU" AS we went, Null
oy said: II may not be as good q man
other" Hughes responded: You can
have it any way you want it." and we
| went on out through the back door,
Mr.. Mulloy in the lead, next, Hughes
next; others were along, who, 1 don't
exactly remember, but the thought was
that there was going to be disturbance,
and all wanted to see it We went up
the stairs onto small sloping platform
6XS, and on out doors through small
door. / told them it was all foolish
ness. asked them to let the thing
drop, and both come in and have
drink with me. Hughes said, I'm let
it drop" Mulloy answered. Pm will
ing" and We turned TO go back, Then
Hughes said, IN let it drop, or would
have settled it outside" At that Mul-
10y said, well you d son OF b.
come out here and settle it," Then
Hughes jumped backwards against me
Il was in the door-knocking me out
saw Mr.. Mulloy drawing his pistol.
HnuhoS 10 m q tSjda CaU MnIIOU an6
Immediately jumped back inside the
door again. There was momentary
pause; then Mulloy went up to the
door, put his hand on the left side, and
fired inside. Then he came back ten or
fifteen feet aud stopped. followed
him up, asking for Gods sake what he
vas doing; he waved me back with one
hand, the empty one, and said, Ed,
keep, away from me-" l kept on ap-
preaching and he said, Ed, don't you
come another step or I'll -"
making some threat. What it
was l don't know. did not
see Hughes when the shot was fired.
and did not know he was shot for some
time after. When MuIloy drew his
pistol, Hughes jumped back into the
room, and Mulloy walked up fifteen or
twenty feet 70 get to the door. When
we all went up the stairs, Sweeney was
with MUlloy, and they went out of The
door on the platform first, Hughes and
l following. VEen we started up stairs
there was no indication of a row. |
saw no other weapon drawn than
MuIloy's, and no motion to draw any,
other | don't know where Sweeney
was when the shot was fired after
Muiloy had told me to keep away from |
him. / went back to the head of the |
stairs when some one told me Hughes !
was shot. l saw Policeman Bennett, |
told him to arrest Mulloy and saw him !
do it. then went down INTO the saloon |
where Hughes was lying. He knew me I
and spoke to me; helped to place him |
on e couple of tables, removed him to |
his home and staid with him till 10 /
o'clock that night. He was conscious |
all the time. He was about 40 years of |
age. saw nothing taken from Hughes
pocket at any time. If Hughes made !
aIy motion to draw weapon !
when Mulloy drew his, wouldn't have !
seen it: he was too close to me.
Shear was vigorously cross-examined. |
He said he had had three or four
glasses of beer that day, nothing more; |
quarrel when Mulloy fired, he stood
by his side; did not notice Moffatt at
the doorway; saw Mulloy threaten no
one else with his pistol.
Re-direct-As Mulloy came towards |
the door he held his pistol downward !
He fired immediately on getting TO the
door.
Witness drew comprehensive dia-
gram showing the saloon, the stairs, |
the platform and the relative positions
at the time OF the firing.
JAMES STEVENS,
a wood hauler, said he was at thesaIo
on the night of August 1st. He re
lated the circumstances as narrated by |
other witnesses, and said he Motfatt !
and Shear went out of the saloon with |
Mulloy and Hughes. He stopped at |
the foot OF the stairs q few moments |
while the others went on top; after a !
brief pause he started up, but had only /
reached the third step when |
Hughes came backing down to-
wards him, and moment
later Mulloy appeared in the doorway
above and the shot followed. Hughes
fell back into witness arms, saying,
IL